CHARGES: (1) DUI (BAC UNK – 1st OFF) (2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (3) RELATED TRAFFIC VIOLATIONS
In a challenging legal battle that unfolded in the Kent County District Court and the Rhode Island Traffic Tribunal, our Client found themselves facing serious allegations following a motor vehicle accident. A local Police Department charged the client with DUI (BAC Unknown) and Refusal to Submit to a Chemical Test, among other traffic offenses. Complicating our Client’s situation was the fact that he had a prior alcohol-related offense, even though it fell outside the five-year look-back window.
The incident occurred one evening when, following a motor vehicle accident, arriving officers suspected our Client of driving under the influence. Opting to exercise their rights, the Client refused all field sobriety tests and the chemical test, declining also to make any statements to the police. The accident resulted in significant personal injury to the Client himself, including a broken rib, adding a layer of complexity to the case.
Marin & Murphy Law Firm leveraged a strategic defense approach from the onset. Our primary strategy focused on the Client’s refusal to partake in sobriety tests and provide police statements, thus constraining the evidence the prosecution had available against them. This tactical decision allowed for a stronger negotiation stance with the prosecution, emphasizing both the lack of concrete evidence and the Client’s serious injuries sustained from the accident.
Through meticulous negotiation and advocacy, we successfully argued for the amendment of the DUI charge to reckless driving, effectively avoiding any further license suspension for the client. Moreover, the refusal to submit to a chemical test charge, along with the various other traffic violations, were dismissed. This outcome not only preserved the client’s driving privileges but also mitigated the potential long-term impacts on their record.
CASE RESULTS: DUI AMENDED TO RECKLESS DRIVING WITH NO FURTHER LICENSE LOSS; REFUSAL AND OTHER TRAFFIC VIOLATIONS DISMISSED on February 20th, 2024
Practice area(s): Criminal Defense, DUI / DWI
Court: Kent County District Court
